Key Reasons to Create an Employee Handbook— or at least appropriate policies

An Employee Handbook organizes and contains company policies and procedures. There are numerous reasons for employers to choose to issue an Employee Handbook or Employer Policy Manual. Although there is no federal or Florida law requiring private employers to provide a handbook, there are some communications you are required to make to your employees.

Each month, we receive numerous calls form clients with employees who would like to make a change in how they handle anything from payroll to work hours to ethics matters and use of computers, mobile phones, tablets, internet, social media and websites. Without policies and procedures in place, and without a clear statement of expectations, clients often find themselves stuck on making changes and communicating expectations.

Policies are governed by both federal law and state specific law and regulations. Compliance with both is a necessity. The Federal Department of Labor has a terrific tool called E-laws Adviser. At the Walk Law Firm, we recommend our clients review and use that tool in addition to calling us for advice. It covers wage and hour laws as well as other important matters such as determining if someone and independent contractor or an employee.

At the Walk Law Firm, we pride ourselves in assisting our clients with practical advice that is compliant with the law. Not every decision is black and white and when making decisions to eliminate a position or downsize in general, it is important to seek quality advice. We represent employers primarily, but have also assisted many executives as well as employers with executive compensation matters such as stock bonuses or stock incentive plans or other equity incentive plans, separation agreements and employment agreements.

Employee Handbook FAQs:

  • An Employee Handbook introduces new employees to the company, gives the company a chance to set forth your expectations for your employees, and provides an introduction to the company;
  • An Employee Handbook makes it easier to ensure that all employees receive notice of the company’s policies;
  • An Employee Handbook creates a centralized place for employees to look for answers and guidance on your company’s practices and expectations, and what to do in various situations; and
  • An Employee Handbook and signed acknowledgments of receipt can assist in an employer’s legal defense, such as when non-compliance leads to termination of employment or another kind of adverse employment action.

Do Not Inadvertently Create a Contract

  • Employee Handbooks must be drafted in a manner that does not create legal obligations that the employer did not intend, and contain provisions reserving certain employer rights. Preparation of the handbook or at least review by your counsel is crucial.

Maintaining a Handbook

  • Employers must review Employee Handbooks periodically to ensure that all policies are current and lawful. At a minimum, a handbook must be reviewed and revised, if necessary, when there is a change in the law, employer policies or procedures, and when the employer expands into new states.Employer

What is Venue? Why Does Venue Matter? The Essentials of Venue Selection Clauses

Construction contracts, design services contracts, and for that matter most contracts typically contain a provision governing the location (venue) for litigation/arbitration/mediation of disputes arising out of or related to the contract. The terms relating to venue is often hidden in governing law provisions under the “Miscellaneous” terms.

What is Venue? 

Venue is the geographical place and court where the lawsuit will be handled.  Without a contract clause that establishes venue, the venue law allows an action to be brought in various locations: 1) the place of the defendant’s residence, or principal place of business; 2) the place where the cause of action accrued; or 3) where the property in litigation is located [§47.01 et seq., Fla. Stat. is the general venue law]. The party bringing the action gets to initially select the location because they are the party filing the action. However, if they file the action in an improper venue, a change of venue may be sought.  Avoid waiving the right to enforce the venue selection provision in your contract.

Why Could Venue Matter?

If you do business with a subcontractor or supplier to whom you make payments, the suit may be filed at the place where payment is due, thus a subcontractor with its principal office in Atlanta, could file suit against you in Atlanta. This would be inconvenient to say the least, and could be quite costly. There are various reasons to assign the venue for litigation within your contract; included among them are expenses and costs for litigation.

A venue far from your or your attorneys would increase the time and expense related to the action. The party with whom you contract, or the property being improved may be quite far from your office or your attorney’s office. Also, preferences for venue may be based upon factors related to the court system, judges or the jury pool. Some courts are back-logged and litigation may take a longer time in that jurisdiction.

Venue Selection Clauses are Not Bullet-Proof

Although a well drafted mandatory venue selection provision is ordinarily enforced, in limited circumstances the courts may not enforce the venue provisions contained in your contact. The rule in Florida recognizes a free and voluntary choice of forum that may be enforced. A Florida court is not required to enforce a venue selection clause if compelling reasons exist to not do so. One such compelling reason would be to avoid multiplicity of lawsuits. Another reason could be a conflicting clause in a related agreement under consideration in the same lawsuit, or a statute requiring venue in a particular location such as a lien transfer bond per F.S. §713.24. A venue selection clause may not be enforced when the clause or underlying contract was induced by fraud.

Bear in mind, that other states have their own rules and may not enforce the venue selection clause.

Conclusion.

In your contracts, if you have the ability to negotiate, it is good to have a favorable venue provision protecting your interests.  When presented with someone else’s form of contract, pay careful attention to this simple provisoin, as it may hae profound effects on your rights.  If you have any questions, please contact us.

May all your projects be successful.